Indictable offences and jurisdiction

lougem

I was wondering if somebody could clear this up for me- is it possible to try an indictable offence in a court of summary jurisdiction? It is my understanding- and I could be wrong here- that indictable offences are always more serious and therefore must always be tried in one of the higher courts. I thought they were the equivalent of a felony in the USA. I didn't think a petty crime could be classified as an indictable offence, but then I found this link: http://www.jsijournal.ie/html/Volume%204%20No.%202/4%5B2%5D_Hamilton_Summary%20Trial%20of%20Indictable%20Offences.pdf I'm confused

Reloc8

The old classification of felony and misdeamour is of no application in Ireland.

Without quoting reams of legislation at you, broadly, an indictable offence can be tried in a court of summary jurisdiction in the event that 1) the DPP consents, 2) a district court judge hears an outline of what is alleged against the defendant and considers it to be a minor offence fit to be tried summarily and 3) the defendant does not elect to be tried before a jury.

There are some where the defendant has no right of election but these are fewer and fewer - the above is the modern way of dealing with indictable offences in drafting.

There are also some offences which are triable only on indictment, but which can be dealt with by the District Court if the above 3 criteria numbered above are met and the defendant pleads guilty.

There are also some which are only ever triable on indictment.

So it is correct to say that indictables are usually more serious on the face of the charge but not correct to say that they can never be dealt with summarily.

In relation to e.g. petty crime as you mention it, a straightforward shoplifting will be prosecuted via a charge contrary to S. 4 Criminal Justice (Theft & Fraud) Act 2001, which is indeed inditcable but can be dealt with summarily. That's because the s.4 charge is basically theft - so anything from a euro to a million is covered, and means you don't need lots of different offences to cover every possible aspect of what could be a theft in the legislation.

edit : I just clicked the bloody link and everything I just said is set out there.

Tom Young

S. 53 - 2001 - Deals with election.

Summary trial of indictable offences.
53.—(1) The District Court may try summarily a person charged with an indictable offence under this Act if—

(a) the Court is of opinion that the facts proved or alleged constitute a minor offence fit to be tried summarily,

(b) the accused, on being informed by the Court of his or her right to be tried with a jury, does not object to being tried summarily, and

(c) the Director of Public Prosecutions consents to the accused being tried summarily for the offence.

(2) On conviction by the District Court for an indictable offence tried summarily under subsection (1) the accused shall be liable to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both such fine and imprisonment.

lougem

Coler wrote: »

The old classification of felony and misdeamour is of no application in Ireland.

Without quoting reams of legislation at you, broadly, an indictable offence can be tried in a court of summary jurisdiction in the event that 1) the DPP consents, 2) a district court judge hears an outline of what is alleged against the defendant and considers it to be a minor offence fit to be tried summarily and 3) the defendant does not elect to be tried before a jury.

There are some where the defendant has no right of election but these are fewer and fewer - the above is the modern way of dealing with indictable offences in drafting.

There are also some offences which are triable only on indictment, but which can be dealt with by the District Court if the above 3 criteria numbered above are met and the defendant pleads guilty.

There are also some which are only ever triable on indictment.

So it is correct to say that indictables are usually more serious on the face of the charge but not correct to say that they can never be dealt with summarily.

In relation to e.g. petty crime as you mention it, a straightforward shoplifting will be prosecuted via a charge contrary to S. 4 Criminal Justice (Theft & Fraud) Act 2001, which is indeed inditcable but can be dealt with summarily. That's because the s.4 charge is basically theft - so anything from a euro to a million is covered, and means you don't need lots of different offences to cover every possible aspect of what could be a theft in the legislation.

edit : I just clicked the bloody link and everything I just said is set out there.

I could only read the first page. But you put it more simply anyway, thanks